LA TRANSMISIÓN DE FINCA INFERIOR A LA UNIDAD MÍNIMA DE CULTIVO.

Abstract

The article undertakes to study current regulations on minimum farm units (MFU) and the validity of conveying rural properties smaller than the MFU. It examines the possible loopholes in the rules different autonomous communities have and the diverse tendencies in doctrine and case law on the subject. In particular it conducts a critical analysis of a series of «borderline» events concerning the nullity of certain conveyances. This study's interest resides in the fact that it examines events not specifically envisaged in the Farm Modernisation Act but addressed nonetheless in different decisions by the Directorate-General of Notarial Affairs. This includes selling to joint owners, selling of an indivisible share, action to exercise a retrospective right of first refusal and usucaption.